March 4 (Bloomberg) -- Myriad Genetics Inc.’s Australian
court victory recognizing its ownership of patents for genes
linked to cancer risks will be appealed by a group representing
cancer patients, a law firm said.

Cancer Voices Australia and Yvonne D’Arcy, a Brisbane
resident diagnosed with breast cancer, sued in 2010 to stop
Myriad and Genetic Technologies Ltd. from patenting an isolated
DNA associated with an increased risk of breast and ovarian
cancers, according to Maurice Blackburn Lawyers. The firm said
it has filed the appeal in the Federal Court of Australia today.

“We intend to continue the challenge to the monopoly
created by the patent held by Myriad,” Rebecca Gilsenan, a
lawyer at Melbourne-based Maurice Blackburn, said in an e-mailed
statement.

The issue has divided the global medical community, with
groups including the Association for Molecular Pathology and the
American College of Medical Genetics arguing that Myriad is
trying to get legal ownership of parts of the human body. The
U.S. Court of Appeals for the Federal Circuit, which specializes
in patent law, has twice ruled that genes can be patented.

The Myriad case returns to the U.S. Supreme Court this year
after the U.S. high court agreed Nov. 30 to hear the Association
for Molecular Pathology’s appeal.

Australian Federal Court Justice John Nicholas ruled Feb.
15 that the method used by Myriad and Genetic Technologies of
purging a gene of biological material is a manufacturing process
that can be patented.

Some scientists argue they have been stymied in researching
new medicines and treatments because they may come up against
demands for royalties or letters demanding they stop using
patented inventions. Companies such as Genomic Health Inc. have
argued they can’t attract investment dollars if they can’t
protect their research from competitors.

“I won’t give up the fight,” D’Arcy said in today’s
statement. “We need to continue for future generations of
people who at some point in their life, may need treatment for
cancer and other diseases.”